10 June 2009
Manohara Odelia Pinot -- Part V -- The Criminal Complaint
The show must go on!
I am not sure that I can make a living out of writing about the comings and goings in the Manohara vs. The Prince case, but it is never short of interesting angles to pursue in the name of justice.
Besides for me the case has just become way more interesting that I know Hotman Paris Hutapea is acting as Manohara's counsel / lawyer. Hotman is one of those lawyers people tend to love or hate. My personal opinion is that he is a fine lawyer and if you have a procedural law problem in a civil law jurisdiction then he is an excellent choice. However, that is it for the free plugs for Hotman.
Besides there are plenty of lawyers who represent celebrities about Jakarta town but there are not many lawyers who are celebrities in their own right. Interestingly, Manohara has two on her case in Hotman and Farhat Abbas. So, there are angles to be explored on that front parallel to the abuse and torture case in which Manohara is alleged to have suffered.
The risk when Hotman is on board in a celebrity matter is that it can become a bit of a circus where the media attention is equally or more important than the actual legal result being sort. Manohara in the company of her layers, at least Hotman, filed a complaint with the Indonesian police on Tuesday (09/06) seeking to have her husband, Tengku Temenggong Mohammad Fakhrya (a Prince from Kelantan State in Malaysia) charged with abusing, raping, and kidnapping her.
The prince is not alone in the complaint as he has been named with seven others. The seven are: Sultan Ismail Petra, Tengku Anis Binti Tengku Abdul Hamid, Captain Zakaria Saleh, Azhari, Muhammad Sobri and his wife, and Ichsan. Hotman has a penchant for grandstanding when it comes to drumming up interest in a particular matter.
So, it goes without saying that he would be telling the assembled journalist how the eight would be dealt with in Indonesia. This treatment would supposedly see each of the individuals named in the criminal complaint jailed for up to 70 years if convicted in an Indonesian court.
The only problem with this is that the crimes occurred in Malaysia and by all accounts need to be tried in Malaysia. Hotman, though, is of the opinion that all eight can be successfully prosecuted under Indonesian law and as such has not bothered to file a criminal complaint in Malaysia. As a lawyer seeking justice for a client, I would want to be covering all available bases and would be filing a criminal complaint in Malaysia irrespective of whether I believed that there was any serious prospects for success.
It is worth noting that there is an extradition treaty in place. Unfortunately, the extradition treaty would seem to preclude crimes committed in Malaysia from being tried in Indonesia. Hence, there is probably good reason to, at least, file a criminal complaint in Malaysia on Manohara's behalf.
According to Hotman the evidence that Manohara is going to present is her body. Apparently, this is sufficient to show how she was "treated" (abused and raped). As I have posted in the previous incarnations of this series of "personal views", the documenting of the injuries and trauma suffered are only half the journey. A successful prosecution will require Hotman and his team to prove that the documented injuries were inflicted by those named in the criminal complaint.
The forensic examination of the alleged abuse has been undertaken at the Cipto Mangunkusumo General Hospital. This is a good hospital and they are not likely to be subject to any charges of embellishing the forensic examination results. I would be comfortable accepting that the documented injuries and trauma noted in this examination being an accurate reflection of the injuries and trauma present. Once again, this still needs to be attributed to those individuals noted in the criminal complaint.
At the moment much of this case is "she said, he said", although the Prince is not saying all that much at the moment. As I have been saying all along, this is an interesting case. It is not interesting for any ramifications that it supposedly has for bilateral relations between Indonesia and Malaysia, but rather for the interesting legal dilemmas that it gives rise to.
The show must go on. So, this means that there will undoubtedly be a Manohara Odelia Pinot -- Part VI.